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New Braunfels Herald Zeitung (Newspaper) - September 14, 1982, New Braunfels, Texas i'i ic rep lex , lac. --tt • Hit ch wept? Ie P.O. DOX ^5 ^3 o 'l c. I 'VO    Pf    v    Tr    >*7    £    O    11 g Comp. New Jiinlri- Braunfels New Braunfels, Texas Herald-Zeitiin* Vol. 91- No. 180    16    Pages TUESDAY September 14,1982 25 cents (USPS 377-880) Boarnet resigns city post Longtime city attorney to concentrate on private practice By DYANNEFRY Staff writer Irvin H. Boarnet, New Braunfels city attorney for the past nine years, tendered his resignation to the City Council Monday night. He presented each council member with a copy of his two-page letter, which he also read aloud for the benefit of all present. “I have thoroughly enjoyed my legal positions and I appreciate the opportunities which were given to me,” read Boarnet, finally reaching his point in the middle of the second page: “While all of this has been a wonderful opportunity for me, the time has come for me to now take advantage of other opportunities.” The resignation is effective Oct. 31 Boarnet plans to represent the city in a Sept. 29 hearing before the Equal Employment Opportunity Commision, concerning the dismissal of former police officer Domingo Herrera. But he doesn’t expect to see the end of that case, since Herrera has recently retained a Houston lawyer. “In addition to the EEOC hearings, we can anticipate a Federal Court lawsuit,” Boarnet stated in his letter. “Likewise, the ACORN decision (which concerns a challenge to the city's solicitation ordinance) is still hanging fire since May 15th, and I do not know when the Federal Court will again require our appearance or render judgment. I trust this will be before Oct. 31.” The council accepted Boarnet’s announcement without visible reaction. But Mayor O.A. Stratemann Jr. said Tuesday morning that it had taken him by surprise. “He’s done a wonderful job over the years. He’s going to be a hard man to replace,” Stratemann said. Boarnet said he had reached his decision approximately three weeks ago, and had discussed it with “one council member that I’m particularly close with. I’d rather not mention the name. “I discussed it very thoroughly before I decided to do it,” he said. He didn’t know whether other council members had heard rumors ahead of time or not. “Over the years, I’ve found you can’t keep a secret in New Braunfels,” said Boarnet. “The time has come for me to now take advantage of other opportunities,” wrote the attorney in his resignation letter. All that really means, he said later, is that he will devote more time to his private practice. “I just had so much to do. You should see my desk,” he said Tuesday morning. Boarnet began his career with the city as municipal prosecutor in 1972. He was later appointed municipal judge, then city attorney. “I understand that I am the first and only attorney in the history of New Braunfels who has served in all three capacities,” Boarnet stated in his letter. He believes he’s held the position of city attorney longer than anyone else in history, and notes that he has missed only once council meeting during his time of service. re-elected mayor Joe Rogers just might have been the next mayor of New Braunfels. He was nominated for the job Monday night by City Coun-cilmember Barbara Tieken — but withdrew his name “due to extreme business pressures.” I .ast year’s mayor, O.A. Stratemann Jr., was nominated by Laverne Eberhard and re-elected by acclamation. Mayor Pro Tem Gerald Schaefer was also re-elected by acclamation, despite his stated conviction that “this position should be passed around.” Both Schaefer and Stratemann made brief acceptance speeches which wet e graciously accepted by the rest of the council. “lf I wouldn’t’ve withdrawn, Skip, it might’ve been different,” Rogers grinned. As is customary at this time of year, council members also received their annual pay according to the city charter. City secretary Veronica Sarkozi passed out personalized envelopes, each containing a $1 bill. “It costs $2 to print a check, so they have to do it in cash," Mayor Stratemann explained. An ordinance approving the 1982 Public Housing Code passed second reading Monday, but the updated code may undergo some major revisions before it comes up for a third reading. Counciimember Donnie Seay compared the new code with the 1963 code now in effect in New Braunfels. He gave assistant city manager Hector Tomayo a copy of the new code with all changes underlined. “In our last agenda packet, we had a letter from the state building inspector stating that there were no significant differences between this book and the last book. That is absolutely incorrect,” Seay said. City manager E.N. Delashmutt seemed surprised by this news, and promised to go over the code in detail before the next meeting. He said the council had the authority to delete any provisions it wished before approving the new code. It may also elect to stick with the old one. “I don’t have so much quarrel with the changes, just that we were told there weren’t any," Seay said. “We might have passed that thing on an emergency reading (one of the options proposed by Delashmutt at the last meeting) without ever knowing.” The city is taking bids for the luanda Park snack-bar-and novelty concession and a curb construction project at luanda Street and ' Fredericksburg Road. The current lease on the park concession, Wurst World, expires at the end of this year. The Fredericksburg curb project was designed to protect adjacent business properties from “cutting across” by motorists turning right onto luanda. It calls for 46 feet of upright curb along Fredericksburg and 20 feet around the corner on luanda, with additional curb sections to be installed on the other side of luanda Street. The city’s application for a $120,000 grant to help finance the Hinman Island Park improvement project got a favorable review from the Alamo Area Council of Governments. AACOG’s recommendation See CITY, Page 16 Wreck forces family to move outdoors By JOHN SENTER Staff writer An unexpected visitor called on the Lee Simons residence Friday night, and his calling card a 1981 Chevy pickup truck — was still on the premises 1 in fact, imbedded in the premises 1 Monday afternoon The truck, driven by James Rol>erts, 31, of 641 Krueger I .ane, crashed into the house after Roberts reportedly lost control of his vehicle while southbound on 111-35 near the Engel Road exit. Roberts left a trail of bent highway markers, uprooted posts and felled trees before slamming into the wooden frame house located just south of the Snake Farm. The accident has forced the family out of doors onto Hie front yard, which is littered with tables and chairs. Ix*e Simons, owner of the house and w ho now lives in the bed of his truck parked next to the house, had just lain down for a nap about 6:30 p.m. when the impact of the truck threw him from bed. He crawled See OUTDOORS, Page 16 Bell's response Officials say data not misleading AUSTIN (AP) — Southwestern Bell Telephone Co. has responded to an unprecedented attempt to dismiss its rate increase request by stating the phone company does not lie to the Public Utility Commission or the public and will not stand for such accusations. Southwestern Bell responded Monday to motions by the PUC staff and two customer groups to dismiss Bell’s case for a $471.5 million rate hike. A Bell spokesman said the Texas Municipal League also had asked the PUC to dismiss the case. (The city of New Braunfels is among the cities which has joined with TMI. in opposing the increase). Oral arguments were scheduled today before hearing examiner Jacqueline Holmes. Bell said in its 18-page response to the motions that the charges were “totally without merit or foundation. ... Southwestern Bell has not been ‘deceptive’ or ‘misleading,’ ‘flagrantly’ or otherwise.” As evidence of its honesty, Bell said that on Sept. 6 one of its witnesses advised the examiner and other parties of data that reduced the company’s pension expense in Texas by over $17 million. This information was known only to the company, the response said. “No clearer evidence is available that Southwestern Bell does not deceive this commission nor the public. Graceless accusations that it does are not to be tolerated,” Bell said. The Friday motions followed a day-long disagreement over information Bell and its parent company, American Telephone & Telegraph Co., had provided. The staff sought the information during the summer to prepare its case against Bell’s claim to $63 million paid to AT&T under terms of their 50-year-old “license contract.” Bell defends the payments as necessary contributions to AT&T’s research, legal, technological and financial assistance. Opponents say many projects such as AT&T’s long anti-trust fight with the federal government, a new Manhattan office building, artwork and stockholders’ meetings — should not be subsidized through Texas customers’ rates. Two PUC lawyers said in their motion that Bell and AT&T’s response to their information request was “misleading” because the data covered two years rather than one year, ending last March 31, that is relevant to the case. They complain the data does not indicate which AT&T projects fall within the proper year. They asked the hearing examiner to throw out Bell’s entire $471.5 million case, or at least the $63 million license-contract payments. If that is not acceptable, they urged a two week postponement in the hearing to examine new information AT&T has promised to furnish. Joining the staff with similar motions were the Texas Retailers Association and the Texas Alarm and Signal Association. Fire panel's proposal 'shot down' By JACQUELINE SMITH Staff writer The newly-formed county firemen’s association will not Ik* able to help Commissioners Court out in the way it would like. According to a plan adopted by the court in late July, the association was going to screen monetary requests made for county revenue sharing funds by the various county fire departments. But since the departments feel that this plan would only make things worse among themselves, they’ve turned down the court’s plan, as commissioners heard from Herb Syring Monday, Commissioners were looking forward to the implementation of this plan since revenue sharing funds are constantly being cut and not every fire department gets what it asks for. “We’ve had an unequal situation with everybody clawing and scratching at Commissioners Court (for funds),” Comm. O.R. Ileitkamp said when the plan was adopted. A committee set up by the association would have reviewed each department’s request before the court received them. However, the committee would not consider requests made by those fire departments which did not attend at least 80 percent of the 12 yearly association meeting. "In order to make the Comal County Firemen’s Association a viable organization, we need the input of every fire department tfuit has responsibility in Comal County,” Syring, president of the association, said in July. At the association’s last meeting on See COUNTY, Page 16Inside Rain soaksToday's Weather Comal County forecast calls for warm and humid today, with a 40 percent chance of showers and thunderstorms. It will be partly cloudy tonight and Wednesday, with a 20 percent chance of thundershowers. Winds will be from the southeast at 10-15 mph today, decreasing to 5-10 mph tonight. Sunset will be at 7:38 p.m., and sunrise Wednesday will bo at 7:15    city,    county COMICS................14    15    ^    little    bit    of    rain generated a lot of excitement CROSSWORD............ 15    and a flurry of activity around town Monday af- r>rAn a do\/    1 c;    temoon - mainly because rain has lately become a LJtAn Addy..............*    i%» rare item in Comal County. HOROSCOPE...............3    As the sun disappeared, the dark clouds appeared OPINIONS    4    and l*le drop8 began falling, an astonished group of .New Braunfels citizens scrambled to close car SPORTS.................6    8    windows    and    get    clothes off the line. STOCKS..................16    When it was all over, however, there wasn’t really TV LISTINGS    15    al* tllal much raln to excited about — although WEATHER.................3    See    RAIN, Page IS Irvin Boarnet Stratemann Chris Shockey reads the newspaper in her new 'living room', while other family members rest on the porch    Statfpho,°byJohnSen,er ;